Food-Processing Security: Voluntary Efforts Are Under Way, but Federal Agencies Cannot Fully Assess Their Implementation

As per GAO's 2003 recommendation, USDA has reviewed its existing food safety statutes to determine if additional authority is needed to enforce food security measures. USDA, through its Office of General Counsel, has determined that USDA does have authority to enforce some of the voluntary food security measures as expressed in FSIS' food security guidelines. At this time, it is unclear whether USDA will pursue obtaining additional authority from Congress regarding food security. USDA is still in the process of determining whether it will require food-processing facilities to develop a food security plan. An estimated date for this determination is unknown. FDA has provided no information to GAO regarding the status of this recommendation. In September 2005, USDA provided additional documentation showing that it believes it has the authority it needs under the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act. FSIS said that it is currently exploring measures, including proposed regulations, to improve food security using its existing authorities and then said: "If, after implementing the measures under consideration, the Agency determines that the effectiveness of such measures is limited..., FSIS will consider other alternatives, including seeking additional authority from Congress."

In February 2003, GAO recommended that, in order to reduce the risk of deliberate contamination of food products, the Secretary of Health and Human Services study existing statutes and identify what additional authorities the Food and Drug Administration (FDA) may need relating to security measures at food-processing facilities. On the basis of the results of these studies, the Department should seek additional authority from the Congress, as needed. FDA received significant new authorities under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 which the agency has been implementing over the last 3 years. FDA officials state that these new authorities have enhanced its ability to act quickly in responding to a threatened or actual terrorist attack, as well as to other food-related emergencies. This landmark legislation was the most fundamental enhancement to its food safety authorities in many years. According to FDA, if the Administration identifies additional authorities that are needed, the Administration will inform Congress. As noted in GAO's report FDA has issued specific guidance on security measures for food processors and the agency reports that it actively promotes this guidance in meetings with stakeholders at the local, state, and industry level. Along with this broad outreach campaign, FDA reports that the agency is working directly with industry and trade associations to discuss specific food defense issues. This has allowed both FDA and the industry to better determine vulnerabilities, begin to identify prevention strategies, and generate specific research questions. For example, FDA has shared new science on specific mitigation strategies with relevant industries and will continue to do so when new information becomes available. Because the guidance is voluntary, FDA does not monitor compliance per se. As part of each food safety inspection, however, FDA has asked the company/facility management about their awareness of food security issues and their knowledge of the guidance. Where the managers are unfamiliar with the issues and the guidance, FDA investigators offer them a copy of the guidance. While not security experts, FDA investigators also may point out observed security issues for company/facility management to consider in their plant operations. GAO has determined that although the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 is a significant step in the right direction, it does not provide all the additional authority that FDA needs to ensure complete security at food-processing facilities. FDA officials have stated that if they feel they need more authority, they will inform Congress. If that should happen, GAO will try to close this recommendation.